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Article 49

UpcomingConditional timing

Complete Applicable High-Risk AI Registration Requirements

Applies to Provider; Authorised Representative; Deployer, where applicable.

Actors
Authorised RepresentativeProviderDeployer
Context
EU Market Access
Themes
Governance & Accountability

Tracker Networks Guidance

Complete the applicable EU or national database registration before market placement, putting into service or qualifying use. The specific registration duty depends on the system category and operator role.

Official text

Article 49Official source
1. Before placing on the market or putting into service a high-risk AI system listed in Annex III, with the exception of high-risk AI systems referred to in point 2 of Annex III, the provider or, where applicable, the authorised representative shall register themselves and their system in the EU database referred to in Article 71. 2. Before placing on the market or putting into service an AI system for which the provider has concluded that it is not high-risk according to Article 6(3), that provider or, where applicable, the authorised representative shall register themselves and that system in the EU database referred to in Article 71. 3. Before putting into service or using a high-risk AI system listed in Annex III, with the exception of high-risk AI systems listed in point 2 of Annex III, deployers that are public authorities, Union institutions, bodies, offices or agencies or persons acting on their behalf shall register themselves, select the system and register its use in the EU database referred to in Article 71. 4. For high-risk AI systems referred to in points 1, 6 and 7 of Annex III, in the areas of law enforcement, migration, asylum and border control management, the registration referred to in paragraphs 1, 2 and 3 of this Article shall be in a secure non-public section of the EU database referred to in Article 71 and shall include only the following information, as applicable, referred to in: (a) Section A, points 1 to 10, of Annex VIII, with the exception of points 6, 8 and 9; (b) Section B, points 1 to 5, and points 8 and 9 of Annex VIII; (c) Section C, points 1 to 3, of Annex VIII; [Excerpt - see official source for complete provision]

Excerpt stored at a complete legal-unit boundary. See the official source for the full provision.

Timing depends on the system

  • 2 Dec 2027 — Article 6(2) / Annex III high-risk AI
  • 2 Aug 2028 — Article 6(1) / Annex I Section A high-risk AI
  • 2 Dec 2027 — Pre-existing Annex III high-risk AI type/model first placed on the market or put into service before 2027-12-02
  • 2 Aug 2028 — Pre-existing Article 6(1) / Annex I high-risk AI type/model first placed on the market or put into service before 2028-08-02
  • 2 Aug 2030 — Pre-existing high-risk AI intended to be used by public authorities

Suggested controls

Related risks

  • AI Declaration, CE Marking or Registration Failure

    Required declarations, CE marking or EU/national database registrations may be missing, inaccurate, outdated or completed too late.

Sub-obligations

These are independently assessable parts of the parent requirement.

  1. Article 49(1)

    Upcoming

    Register Annex III High-Risk AI Providers and Systems in the EU Database

    Tracker Networks Guidance

    Before market placement or putting into service, register the provider or authorised representative and the applicable Annex III high-risk AI system in the EU database.

    Official text

    Article 49(1)Official source
    1. Before placing on the market or putting into service a high-risk AI system listed in Annex III, with the exception of high-risk AI systems referred to in point 2 of Annex III, the provider or, where applicable, the authorised representative shall register themselves and their system in the EU database referred to in Article 71.

    Suggested controls

    Related risks

    • AI Declaration, CE Marking or Registration Failure

      Required declarations, CE marking or EU/national database registrations may be missing, inaccurate, outdated or completed too late.

  2. Article 49(2)

    Upcoming

    Register Annex III AI Systems Assessed as Not High-Risk

    Tracker Networks Guidance

    Before market placement or putting into service, register the provider or authorised representative and any Annex III system the provider has concluded is not high-risk under Article 6(3).

    Official text

    Article 49(2)Official source
    2. Before placing on the market or putting into service an AI system for which the provider has concluded that it is not high-risk according to Article 6(3), that provider or, where applicable, the authorised representative shall register themselves and that system in the EU database referred to in Article 71.

    Suggested controls

    Related risks

    • Incorrect AI Risk Classification

      An AI system may be incorrectly classified, causing applicable high-risk obligations or other requirements to be missed.

    • AI Declaration, CE Marking or Registration Failure

      Required declarations, CE marking or EU/national database registrations may be missing, inaccurate, outdated or completed too late.

  3. Article 49(3)

    Upcoming

    Register Public-Authority Use of Applicable Annex III High-Risk AI

    Tracker Networks Guidance

    Before putting the system into service or using it, qualifying public-authority deployers must register themselves, select the system and register its use in the EU database.

    Official text

    Article 49(3)Official source
    3. Before putting into service or using a high-risk AI system listed in Annex III, with the exception of high-risk AI systems listed in point 2 of Annex III, deployers that are public authorities, Union institutions, bodies, offices or agencies or persons acting on their behalf shall register themselves, select the system and register its use in the EU database referred to in Article 71.

    Suggested controls

    Related risks

    • Improper High-Risk AI Deployment

      A deployer may operate high-risk AI contrary to provider instructions, without qualified oversight, suitable inputs or required monitoring.

    • AI Declaration, CE Marking or Registration Failure

      Required declarations, CE marking or EU/national database registrations may be missing, inaccurate, outdated or completed too late.

  4. Article 49(4)-(5)

    Upcoming

    Use the Required Restricted or National Registration Route for Specified Annex III Systems

    Tracker Networks Guidance

    Use the secure non-public EU database section for the specified law-enforcement, migration, asylum and border-control categories and national registration for Annex III point 2 systems, as applicable.

    Official text

    Article 49(4)-(5)Official source
    4. For high-risk AI systems referred to in points 1, 6 and 7 of Annex III, in the areas of law enforcement, migration, asylum and border control management, the registration referred to in paragraphs 1, 2 and 3 of this Article shall be in a secure non-public section of the EU database referred to in Article 71 and shall include only the following information, as applicable, referred to in: (a) Section A, points 1 to 10, of Annex VIII, with the exception of points 6, 8 and 9; (b) Section B, points 1 to 5, and points 8 and 9 of Annex VIII; (c) Section C, points 1 to 3, of Annex VIII; (d) points 1, 2, 3 and 5, of Annex IX. Only the Commission and national authorities referred to in Article 74(8) shall have access to the respective restricted sections of the EU database listed in the first subparagraph of this paragraph. 5. High-risk AI systems referred to in point 2 of Annex III shall be registered at national level.

    Suggested controls

    Related risks

    • AI Declaration, CE Marking or Registration Failure

      Required declarations, CE marking or EU/national database registrations may be missing, inaccurate, outdated or completed too late.

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Article 49: Complete Applicable High-Risk AI Registration Requirements | Tracker Networks